New and emerging franchise systems are often very eager to sign those first franchisees. All too often, they are willing to make concessions to get the franchisees on board, despite
Continue Reading My Start-Up or Emerging Franchise System Negotiated with a Prospective Franchisee! Now What?
A business deal didn’t go as planned and one side wants out. All parties now need to determine how to buyout the disgruntled partner.
How exactly is a franchise buyout
Continue Reading How is a Franchise Buyout Price Determined? New Ruling Provides GuidanceThis fall we posted about the North American Securities Administrators’ (NASAA) adoption of a Statement of Policy Regarding the Use of Franchise Questionnaires and Acknowledgments (the “SOP”). Technically, NASAA’s SOP
Continue Reading Update: This New Year’s Eve say Auld Lang Syne to Old Franchise Questionnaires and AcknowledgementsI had the pleasure this year along with fellow franchise attorneys, Gerry Wells of Rita’s Franchise Company and Allan Hillman of Garcia & Milas, to present at the ABA
Continue Reading Is a National Program for Franchise Broker Registration Coming and Other Franchise Broker Tips & TakeawaysMediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required under the
Continue Reading Tips for Enforcing that Mediated Franchise Settlement Agreement
(This post solely reflects the views of the author, and not that of Fox Rothschild or any of its other attorneys.)
While I am not opposed to immunity laws generally,
Continue Reading Are COVID Immunity Laws Good for Franchising?
The Department of Justice backed off no-poach challenges in franchise agreements in 2019, but the state doubled down. The result? Washington state challenged a raft of no-poach/no-hire provisions in 225
Continue Reading Washington v. Washington: State of No-Poach
With most non-essential businesses closed across the country, it is easy to forget we are two weeks away from the April 30th Franchise Disclosure Document (FDD) update deadline for franchisors
Continue Reading FDD Item 19 Financial Performance Representations in the Age of COVID-19
As many readers may know, the FTC Rule on Franchising’s definition of franchise contains three basic definitional elements: (1) license of a trademark, (2) payment of a fee, and (3)
Continue Reading NJFPA Refresher – Community of Interest
In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future.
Continue Reading How Do You Determine Your Franchise System’s Technology Fee?